Suit against DiCaprio, Maguire dismissed


A producer's lawsuit claiming actors Leonardo DiCaprio and Tobey Maguire blocked the release of a movie made before they became stars has been dismissed.

Superior Court Judge Mary Ann Murphy heard arguments in the case Sept. 27 and issued her ruling Wednesday, according to court records released Thursday.

Murphy said no further changes could be made to the already revised lawsuit filed by producer John Schindler in December 2004.

Phone messages left for Schindler's attorney as well as Maguire and DiCaprio's attorney were not immediately returned Friday.

"Don's Plum," shot over six days in 1995 and 1996, featured the actors before DiCaprio became famous from "Titanic" and Maguire from "Spiderman."

The low-budget, black-and-white film was about a group of Los Angeles teens who met every day at a diner to discuss their lives.

The lawsuit claimed the actors "put the word out that they were opposed to any distribution" of the film and that offers from distributors "disappeared overnight."

The original complaint had been revised three times, the actors' lawyer, John H. Lavely, stated in court papers prepared for the Sept. 27 hearing.

In 1999, DiCaprio and Maguire settled a lawsuit with another producer who accused them of using DiCaprio's superstar status to prevent the movie's release.

The agreement with producer David Stutman allowed for distribution outside the United States, Canada and the countries' territories.

The actors have said they made the film as a favor to a friend, and did so under the agreement that it would never be promoted as a feature-length movie.